Central Administrative Tribunal - Jabalpur
Kamal Kant Dekate vs State Of Chhattisgarh Through ... on 11 March, 2016
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH,
CIRCUIT SITTING : BILASPUR
T.A. NO.65 OF 2013
Dated: 11th March, 2016
HONBLE MEMBER MR. S.K. PATTNAIK, MEMBER (J)
HONBLE MEMBER MR. K.N. SHRIVASTAVA, MEMBER (A)
Kamal Kant Dekate, S/o Ram Kishan Ji Dekate, R/o 321-B, 1-M/A Type, Pander Dalli Rajhara, District Durg.
- Applicant
By Advocate Shri Malay Srivastava.
V e r s u s
1. State of Chhattisgarh through Secretary, Department of Home, D.K. Bhawan, Raipur.
2. Collector, District Durg.
3. Sub Divisional Officer, Balod, District Durg.
4. Tehsildar, Dalli Rajhara, District Durg.
5. Steel Authority of India Ltd. Through its Chairman, New Delhi.
6. Manager (Personal), Steel Authority of India Ltd., Bhilai Steel Plant, Mines, Dalli Rajhara, District Durg.
-Respondents
By Advocate Shri S.K. Pande.
O R D E R
S.K. Pattnaik, Member (J) :- The applicant had originally approached the Honble High Court of Judicature at Bilaspur in W.P. No.2483 of 2001, wherein he had sought for a direction retraining the respondents from terminating the services of the applicant, who is at present serving as Field Assistant, Horticulture at Rajhara Mines. The Honble High Court, vide its order dated 05.12.2001, had passed stay order with specific direction that no action shall be taken against the writ petitioner consequent to report submitted by the Collector and the petitioner shall b e allowed to continue in service. Subsequently, by order dated 01.03.2013, the Honble High Court transferred the writ petition to this Tribunal for adjudication.
2. Ld. counsel for the applicant fairly admitted that in pursuance of the stay order, the applicant is still continuing in service. Ld. counsel for the respondents fairly admitted that the matter has been referred to High Level Caste Scrutiny Committee, who is the competent authority to decide the caste of the present applicant. Ld. counsel for the applicant relies on the circular of Government of Chhattisgarh dated 01st October, 2011, wherein it has been categorically mentioned that any person belonging to Halba Koshti or Halbi Koshti or Koshti who have been given appointment prior to 28.11.2000, his services need not be terminated. Ld. counsel for the applicant also drew attention of this Tribunal to DoPT Office Memorandum dated 10.08.2010, wherein also there is a categorical direction that persons belonging to Halba Koshti/ Koshti caste, who got appointment in the Scheduled Tribe category on the basis of Caste Certificates issued to them by the competent authority in State of Maharastra and whose appointment done prior to 28.11.2000 shall not be affected. Ld. counsel for the applicant also relies on a judgment of Honble High Court of Jabalpur passed on 04.11.2005 in W.P. No.2415 of 2002 (Gulabchand Nandanwar vs State of Madhya Pradesh), wherein certain guidelines have been issued by the Honble High Court in the matter of acceptance/ or non-acceptance of caste certificates.
3. In the case of State of Maharastra vs Milind AIR 2001 SC 393, the Honble Apex Court has clarified that it is not even permissible to say that a tribe, sub-tribe, part of or group or any tribe of tribal community is synonymous to the one mentioned in the Scheduled Tribes Orders, if they are not to specifically mentioned in it. The Court has further sounded a word of caution that it is not open to the State Government or Courts or Tribunals or any other authority to modify, amend or alter the list of Scheduled Tribes specified in the notification issued under clause (1) of Article 342 of the Constitution.
4. Hence, instead of going into the merit of the case, we dispose of the O.A. disposed of with a direction to the respondents not to take any action before the receipt of decision of High Level Caste Scrutiny Committee in the matter and till then, the applicant shall not be disturbed from the service.
5. The T.A. is disposed of accordingly. No costs.
[K.N. Shrivastava] [S.K. Pattnaik] Member (A) Member (J) sks/-
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